D.C.GHEEWALA, J.P.DESAI
UNION OF INDIA – Appellant
Versus
Abdulkadar Abdulgani Masmani – Respondent
( 1 ) RESPONDENT No. 1 in Criminal Appeal No. 798 of 1979 and Criminal Appeal No. 889 of 1979 was original accused No. 1 in the trial Court. The appellant in Criminal Appeal No. 1259 of 1979 was original accused No. 2 in the trial Court while the appellant in Criminal Appeal No. 1260 of 1979 was original accused No. 3 in the trial Court. Respondents Nos. 2 to 7 in Criminal appeal No. 798 of 1979 and Criminal Appeal No. 889 of 1979 were original accused Nos. 4, 5, 6, 7, 8 and 9 respectively. Hence we will refer to these respondents and appellants by their respective positions before the trial Court.
( 2 ) THE facts leading to the filing of these appeals may be briefly stated as follows:-VAHIDKHAN Munavarkhan Pathan, P. W. 5, Ex. 9, serving as an Inspector in the Customs Department, accompanied by some other officials of the said Department, including one Amarkotia, Superintendent of the said Department raided the residential premises of accused Nos. 2 and 3 on 26-2-1976 and 27-2-1976 and seized synthetic fabrics of foreign origin, lighter flints of foreign origin, etc. , the total value of the said goods being Rs. 3,55,645-60 p. These goods were seized under a reason
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